(2) the licensee intends to operate telecommunications business other than
that authorized;
(3) the licensee intends to make a contract that authorizes other persons, in
whole or in part, to manage his or her business;
(4) the licensee commits an act, or is committed an act, having the nature
of business takeover or business taken over under the law on securities and security
exchanges;
(5) any case that affects, or may affect, the business operation or the
supply of service of the licensee as prescribed in notification of the Commission.
In case of (2) and (3), the licensee shall inform the Secretary General before
committing an act. In case of (1) (4) and (5), the licensee shall inform the Secretary-
General immediately when the events occur.
The Secretary-General shall, without delay, submit the matter to the
Commission after having been informed under paragraph two. In this regard, the
Commission shall have the power to prescribe certain conditions for the licensee to perform
for the prevention of damages to public interest.
Section 23 The Commission may prescribe that the licensee shall arrange
for the data recording system to record the use of telecommunications service that enable
the user to make a verification.
Section 24 In the case where a telecommunications business of certain
nature or categories has involved specific technologies so that the provisions under this
Chapter cannot apply, the Commission shall have the power to prescribe conditions for the
operation of telecommunications business of such nature and categories.
The prescription of conditions under paragraph one shall be in accordance
with notification prescribed by the Commission.
CHAPTER II
The Access and Interconnection of Telecommunications network
Section 25 The licensee who owns telecommunications network shall
have the duty to allow other licensees to interconnect with his or her telecommunications
network in accordance with the criteria and procedures prescribed by the Commission.
The licensee who owns telecommunications network shall allow other
licensees to access his or her network in accordance with the criteria and procedures
prescribed by the Commission.
Refusal of the access to telecommunications network can be made only in
the following cases:
(1) the existing network is insufficient for the access by other licensees;
(2) the access to telecommunications network results in technical problem
that may cause interference or obstruction to telecommunications business;
(3) other cases as prescribed in notification of the Commission.
The licensee who owns telecommunications network and refuses the access
to his or her own network under paragraph three shall have the duty to prove his or her
ground for such refusal.
Charges for network access or interconnection shall be reasonable and fair
for the licensee who owns the network and for the person who request for the network
access or interconnection. There shall also be non-discrimination among those who request
for the network access or interconnection.
In prescribing the criteria and procedures under paragraph one and paragraph
two, the Commission shall hold a hearing from the licensees concerned.
Section 26 In the case where there is a refusal of the access to
telecommunications network, or there is unsettled disputes in contract negotiation for the
access or interconnection of telecommunications network, parties shall have the right to
request for the decision of the Commission in accordance with the criteria and procedures
prescribed in notification of the Commission. The decision of the Commission shall be
final.
During the consideration of the Commission under paragraph one, the
Commission, in case of necessity, may order the temporary network access or
interconnection in accordance with the criteria and procedures prescribed by the
Commission.
Section 27 The contract concerning the access or interconnection of
telecommunications network shall contain the provisions with the following characteristics:
(1) it shall not cause the loss of user’s benefit;
(2) it shall not cause a discrimination, preference or obstacle to other
licensees;
(3) the technical specifications at the access point or point of
interconnection shall be clearly state, technically feasible and shall not cause undue burden
to the person who requests for the access or interconnection of the network;
(4) the duties and responsibilities of the person requesting and the person
providing network access or interconnection shall be clearly stated;
(5) charges for the access or interconnection of telecommunications network
shall be set in accordance with the criteria under Section 25 paragraph five;
(6) other characteristics as prescribed in notification of the Commission.
The licensee who is the owner of the telecommunications network shall
submit a copy of the contract to the Commission within ten days as from the date of
signature. If the Commission deems that the provisions in the said contract do not comply
with the characteristics in paragraph one, the Commission shall have the power to order for
the amendment within the specified period. If the licensee who is the owner of the
telecommunications network refuses to amend the contract as ordered by the Commission,
the provisions of Section 65 shall apply, mutatis mutandis. If the person who requests the
access or interconnection of the telecommunications network refuses to amend the contract,
it shall be deemed that the contract is void.
Section 28 The licensee shall provide the correct information necessary
for the access or interconnection of the telecommunications network to other licensees who
request the access or interconnection of the network, and shall not commit any act that
obstruct normal access or interconnection of the network of other licensees.
Whenever there is a change to the telecommunications network which affects
the access or interconnection, the licensee who owns network shall give the notice of
changes in advance within a reasonable period, but not less than six months.
Section 29 The licensee who is the owner of the telecommunications
network shall publicly disclose the contract for the access or interconnection of the
telecommunications network in accordance with the procedures prescribed by the
Commission.
Section 30 In the case where there is a change in economic or social
situation or there is any matter which causes the charges for the access or interconnection of
the network as stated in the contract no longer appropriate, leading to advantages or
disadvantages among licensees which pose undue burden to either party, the parties to such
contract may submit a request for the revision of charges to the Commission. In giving an
approval, the Commission shall also have due regard to the impact on users.
Section 31 For the benefit of national security, or for the prevention of
disaster that may cause public harm, or for public interest, the Commission shall, if
requested by the Government, take certain actions to provide the access or interconnection
of the telecommunications network between licensees and relevant State agencies. In such
case, the licensees shall have the duty to comply with the order of the Commission.
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